HB’s AB 1955 Lawsuit

Following a 4-3 vote to proceed on September 17th, the City of Huntington Beach has filed a lawsuit against the state of California over AB 1955, naming Gov. Gavin Newsom, CA Attorney General Rob Bonta, and CA Education Superintendent Tony Thurmond as defendants.  As a reminder, AB 1955 is the recently passed CA law that prevents school boards from enforcing forced outing policies.  It does not prevent educators from communicating with parents about their students’ gender identity, but rather prevents schoolboards from requiring teachers to have those conversations against their and the students’ will. 

The City of HB has connected with the law firm America First Legal for assistance with this frivolous lawsuit. America First Legal, which is led by its president, long-time Trump advisor Stephen Miller, touts itself as the “long-awaited answer to the ACLU”.  Reviewing tax documents from this young law firm, it appears that they’ve raised hundreds of millions of dollars in dark money, which have been spent primarily (85% of their budget in 2022!) on advertising.  AFL has sued over 100 “woke” companies, as well government agencies, with a track record of cases languishing in pending status rather than any actual victories.  

Other lawsuits that AFL has pursued include a suit against Nike for “discrimination against white males”, and a suit against Mattel for “promoting a radical LGBT+ agenda”. More relevant to their disruption of civil liberties, however, are the lawsuits they have in several swing states over election and voting policies, most of which are still pending or have been dismissed. 

America First Legal, with its ties to insurrectionists, far-right big money donors, and the Heritage Foundation, has been considered by many to be less of a legitimate law firm and more of an influence machine, with its legal choices being shaped by a far-right culture war narrative and a desire to influence public opinion ahead of elections. 

Stephen Miller, President of the AFL and Trump Advisor

This lawsuit in particular continues a false narrative about transgender youth and AB 1955 in particular, with a number of falsehoods littered throughout the filed complaint.  On the second page of the filing, it says, “and AB 1955 sets no age limit—schools cannot notify parents even if preschoolers socially transition”.  AB 1955 does not prevent school employees from notifying parents about a students’ gender identity.  It prevents school boards from requiring that conversation. This error is found several times throughout the complaint. 

This lawsuit also pushes the narrative that social transition and medical transition are the same thing, suggesting that a young person asking to be referred to by different pronouns is a ‘medical transition’.  This is a tactic of the anti-trans movement to stir up fear, suggesting that schools are “medically transitioning” youth, which is not true.  While it is true that social transition is often part of gender-affirming treatment, it is not true to equate it to medical processes such as HRT or puberty blockers, which schools have no involvement in providing. 

The plaintiffs in the case (who do not live or attend school in Orange County, much less HB) that are being represented by the City of HB in this suit align with the anti-LGBTQ+ views of the council majority.  The minors referenced in this suit appear to be queer youth who have been subjected to conversion therapy, with their parents who oppose the idea of their children identifying as transgender or gay being the individuals represented by the city. Several of the parents acknowledge that Child Protective Services were involved at various points in their stories, while suggesting that CPS’ practices of protecting queer youth are inappropriate. The filed complaint, which is 70 pages long, misgenders these minors throughout, despite many of the referenced minors still identifying as transgender based on the information provided.

Excerpt from the Lawsuit, Page 20

Plaintiff Family 9, is referenced on page 20 (lines 24-27). “(Plaintiff) 9A and her husband didn’t see an improvement in (their child) 9C until the school year ended and after they took 9C to a Christian psychologist.  There, 9C learned how to cope with the feelings he was having, and the psychologist provided him with proper therapy treatment to help him be in tune with his biological self”. The child referenced, 9C, did NOT identify as transgender, but as gay.  As a reminder, conversion therapy for minors was banned in 2012 in California with SB 1172, with an additional law AB 2943 passed in 2018 that covers adults as well, for both sexual orientation and gender identity conversion therapy.  This is an example of the manner in which anti-trans activists also target the gay community. 

The lawsuit states that HB’s “Parents Right to Know” ordinance that was passed on the 17th is in direct conflict with AB 1955, as the ordinance makes it illegal for educators in the city to not inform parents of a students’ gender identity or sexual orientation.  This is correct, the ordinance is in direct violation of AB 1955 - but that makes the city at fault, not the state.  The city council of HB does not have jurisdiction over the schools, and AB 1955 is not unconstitutional. 

We believe that HB City Attorney Michael Gates, whose elected term is over in 2026, is aware that this lawsuit will fail.  The intent, then, is not to create an enforceable policy and overturn AB 1955, but to create more culture war antagonism that influences elections and harms the LGBTQ+ community. 

We also requested a comment from the office of CA Education Superintendent of Education, Tony Thurmond, who has been named in the lawsuit from the City of HB, and will share it on our social media.  

Pat Burns & Gracey Van Der Mark whispering on the dais during the initial debate on August 6, 2024.

This lawsuit was authorized via a 4-3 vote by the HB City Council.  Rhonda Bolton, Natalie Moser, and Dan Kalmick voted NO, and Gracey Van Der Mark, Pat Burns, Casey McKeon, and Tony Strickland voted YES.   In light of this lawsuit and its connected ordinance, Kalmick, Moser, and Bolton were endorsed in their re-election bid by the local HB teachers’ unions, Huntington Beach Union High School District Educators Association, Ocean View Teachers Association, Huntington Beach Elementary Teachers Association and West Orange County United Teachers. 

We will share more information on this case as it unfolds.

- September 19, 2024